The Law of Construction Disputes

Auteur

Dr Cyril Chern is a Barrister, Chartered Architect, Civil Engineer, Adjudicator and Chartered Arbitrator, and specialises in complex engineering and construction projects. With more than 40 years' experience in construction at all levels, he has been involved in some of the world's largest construction and infrastructure projects which include major bridges, nuclear power plants, port facilities, hydroelectric power plants, waste and water treatment facilities, oil & gas projects both on shore and offshore, road and rail projects, dams, hotel complexes, airports, and tunnels. In addition, he is the author of some of the construction industry's leading publications dealing with both the law, claims and delay, dispute resolution and major project construction, under both common and civil law.

Résumé

Updated throughout for this fourth edition, The Law of Construction Disputes maintains its position as a leading source of authoritative and detailed information on the whole area of construction law including contracts and their performance, third parties, pursuing claims and dispute resolution.

The book covers the construction dispute process by analysing the main areas from which disputes arise, up-to-date case law, and how to effectively deal with construction project disputes once they have arisen. It provides the legal practitioner with all the case law needed in one concise volume, and examines the methods and methodology of construction law, not only for a common law context, but also under other legal systems. Readers will be guided through the various international contract formats governing construction alongside applicable case law. Additionally, they will be shown the correct contract provisions and forms used to prevent disputes from escalating to reach successful conclusions without litigation.

Featuring expert advice and many relevant reference materials, this book is an extremely helpful guide to legal practitioners in this field of law and to construction professionals.

Contenu

1. Introduction to Construction Disputes 2. The Construction Contract 3. Design Disputes and Liability 4. Site Conditions 5. The Subcontractor 6. Defences to Construction Disputes 7. Issues Regarding Contractors' Rights and Obligations Under Standard Form Agreements 8. Termination of Contract 9. The Certification Process 10. Types of Claims 11. Collateral Warranties 12. Non-Contract Liability 13. Time at Large and Time-Bar Clauses 14. Dispute Resolution 15. Key Issues in Dispute Resolution